I’ve been charged for driving under the influence of alcohol or drugs. What do I need to know?
Question & AnswerI’ve been charged for driving under the influence of alcohol or drugs. What do I need to know?
1. Get legal help
It's a good idea to talk to a lawyer when you're charged with a crime. Driving offences are legally complicated. It can be difficult to win a driving case without a lawyer.
A lawyer can help you:
- understand your case
- talk to the Crown about how to resolve your case
- figure out if you have a defence
- understand the court process and the possible sentences
- help you choose the best option to deal with your case
If you can't afford a lawyer, there are other places to get help.
Duty Counsel are free emergency lawyers for people who come to court or are without their own lawyer. They will only help you on the day you're in court without a lawyer. They will not keep representing you after you leave court that day.
Duty Counsel cannot represent you at a , but they can help you to:
- understand your case
- talk to the Crown
Duty Counsel lawyers are only available to people with a low income. Before Duty Counsel will help you, they may ask you about your income to make sure you qualify for their service.
Legal aid certificate
If you can't afford a lawyer, can apply for legal aid certificate where Legal Aid Ontario (LAO) agrees to pay a lawyer to work for you. Most certificates say the type of work and the number of hours LAO will pay for.
To get a legal aid certificate, you must show that you have a low income and that your legal issue is one that LAO covers.
If you get a certificate, you give it to a lawyer you choose, and then LAO pays the bill. Not all lawyers accept certificates. You can search a list of lawyers who accept legal aid certificates on the LAO website.
Law students at some student legal clinics assist with criminal charges, but only if the Crown proceeds .
Law students in legal clinics are supervised by experienced lawyers. Their services are usually free.
Private lawyer or paralegal
Paralegals are not lawyers, but they are trained to give legal assistance in some areas of criminal law.
Paralegals and private lawyers will charge a fee.
For help finding a private lawyer or paralegal, use the Law Society of Ontario’s free directory. Make sure to click “Advanced Search” and select “Criminal/Quasi-Criminal” from the checkbox options.
You can also use JusticeNet's paid service called How to Find a Professional. The cost of the service is $25. It will show you a list of available lawyers in your area.